Fly flair Logo
EN

Passenger protection regulation

General information

If you are denied boarding, your flight is cancelled or delayed for at least two hours, or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations. For more information about your passenger rights, please contact your air carrier or visit the Canadian Transportation Agency’s website.

Air Passenger Protection Rights (APPR)

Air Passenger Protection Rights (APPR) were developed by the Canadian Transportation Agency (CTA) to establish airline obligations toward passengers, including minimum compensation levels and standards of treatment in different circumstances. The regulations set out airlines' obligations to passengers in the following areas:

  • Communication
  • Delayed or cancelled flights
  • Denied boarding
  • Tarmac delays
  • The seating of children under the age of 14
  • Lost or damaged baggage
  • The transportation of musical instruments

Airlines are required to follow the obligations set out in the regulations and may be subject to administrative monetary penalties for non-compliance. In the event of an air travel-related dispute that cannot be resolved directly by a passenger and an airline, the passenger can make a complaint to the CTA.

To ensure our passengers know their rights, we have included the following summaries about the terms and conditions of carriage in certain scenarios. Contact us if you have any questions.

Flight disruptions

Provisions on flight disruptions can be found in the Canada Transportation Act section 86.11(1) and the Air Passenger Protection Regulations. It is important that passengers and airlines understand the different categories of flight disruption included in the Air Passenger Protection Regulations, because they determine what obligations airlines have toward passengers affected by flight disruptions. These apply to flights to, from, and within Canada (including connecting flights). In particular, it explains that the causes of flight disruption fall into three categories:

  1. Situations within the Carrier’s control
  2. Situations within the Carrier’s control but required for safety
  3. Situations outside the Carrier’s control.

In all cases, Flair will communicate:

  • The reason for the delay, cancellation, or denial of boarding
  • The compensation to which the passenger may be entitled for the inconvenience
  • The standard of treatment for passengers, if any
  • The recourse available against the Carrier, including their recourse to the Canadian Transportation Agency

Note: Flair meets the definition of a Large Carrier under the APPR.

Within the carrier’s control

If a flight delay, cancellation, or denied boarding event occurs that is within the control of the Carrier or within the Control of the Carrier for Safety, and occurs less than 12 hours before the departure time on the additional ticket, in addition to the communication requirements, the Carrier will provide passengers with the following treatment free of charge:

  1. Food and drink in reasonable quantities, taking into account the length of the wait, the time of day, and the location of the passenger; and
  2. Access to a means of communication (This requirement does not include the obligation to provide complimentary access to the internet, though this may be part of the communications provision).

If the Carrier expects that the passenger will be required to wait overnight for a flight reserved as part of alternate travel arrangements, the Carrier must offer, free of charge, hotel or other comparable accommodation that is reasonable in relation to the location of the passenger, as well as transportation to the hotel or other accommodation and back to the airport or transportation to and from their residence.

The Carrier will also provide a confirmed reservation for the next available flight that is operated by the original Carrier and is travelling on any reasonable air route from the same airport to the destination that is indicated on the passenger’s original ticket. Alternatively, if the passenger is no longer at the point of origin that is indicated on the ticket and the travel no longer serves a purpose because of the delay, cancellation, or denial of boarding, the Carrier will refund the ticket and provide the passenger with a confirmed reservation that is for a flight to that point of origin, and accommodates the passenger’s travel needs. In any other case, refund the unused portion of the ticket.

To the extent possible, the alternate travel arrangements must provide services that are comparable to those of the original ticket and will refund the cost of any additional services purchased by a passenger in connection with their original ticket if the passenger did not receive those services on the alternate flight; or the passenger paid for those services a second time.

If the alternative travel arrangements provide for a higher class of service than the original ticket, the Carrier must not request any additional payment. If the alternative travel arrangements provide for a lower class of service than the original ticket, the Carrier will refund the difference in the cost of the applicable portion of the ticket.

Refunds under this section must be paid by the method used for the original payment and to the person who purchased the ticket or additional service.

If a denied boarding event occurs that is within the control of the Carrier or within the Control of the Carrier for Safety, the Carrier will provide the same access to communication and standard of care, including possible accommodation if the situation requires it. No passenger will be denied boarding until the Carrier has asked for other passengers to voluntarily give up their seat in exchange for a confirmed benefit, made in writing.

Compensation: Delay

If a delay is within Carrier control, and not for reasons of safety, and the passenger is informed 14 days or less before the original departure time of the flight, the following minimum compensation may apply:

  • $400, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours;
  • $700, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours; or
  • $1000, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more.

Compensation: Cancellation

If a cancellation is within Carrier control, and not for reasons of safety, and the passenger is informed 14 days or less before the original departure time of the flight, the minimum compensation of $400 may apply.

Compensation: Denied boarding

If a denied boarding is within Carrier control, and not for reasons of safety, the following minimum compensation may apply:

  • $900, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by less than six hours;
  • $1,800, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours; and
  • $2,400, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more.


The Carrier will provide compensation to the passenger as soon as it is operationally feasible, but no later than 48 hours after the time of the denial of boarding.


If the compensation is paid before the arrival of the flight reserved as part of alternate travel arrangements at the destination that is indicated on their ticket, that compensation is determined based on the flight’s expected arrival. If it is not possible to provide the compensation before the boarding time of the flight reserved as part of alternate travel arrangements, the Carrier must provide the passenger with a written confirmation of the amount of the compensation that is owed. If the arrival of the passenger’s flight at the destination that is indicated on their original ticket is after the time it was expected to arrive when the compensation was paid or confirmed in writing and the amount that was paid or confirmed no longer reflects the amount due in accordance with subsection (a), (b), or (c), the Carrier will adjust the amount of the compensation accordingly.

Compensation: Lost or damaged baggage

If a Carrier admits to the loss of baggage (the delayed return of baggage to the passenger), or if baggage is lost for more than 21 days or is damaged, the Carrier must provide compensation equal to or greater than the sum of:

  • The fees paid for that baggage,
  • The value of the baggage and its contents; and/or
  • The interim expenses of the passenger.

Interim expenses are considered items required by the passenger for the purpose of the travel taken. When replacing items, passengers are also reminded they are required to limit their loss, as most baggage is returned to the passenger.

The maximum liability of the Carrier is 1288 SDR. The Carrier does not provide an option to insure for higher values; passengers wishing to do so should contact an independent insurance agent.

Tarmac delays

When a tarmac delay occurs, we must provide affected passengers access to communication (if feasible), reasonable quantities of food and drink (non-alcoholic), access to working lavatories, and adequate heating, cooling, and ventilation.

If a passenger requires medical assistance, the Carrier will assist in obtaining medical assistance.

With some exceptions, once an aircraft is delayed on the tarmac at an airport in Canada for more than three hours, the airline must let passengers disembark. We will allow passengers with disabilities to leave the aircraft first if they wish, along with their support persons, service animals, or emotional support animals. Passengers with disabilities will be consulted to determine whether they would like to disembark first.

Exceptions

Airlines are not required to let passengers disembark at the three-hour mark if takeoff is imminent and they can meet all required standards of treatment previously listed until take-off.

“Takeoff is imminent” means it is the reasonable opinion of the pilot in command that takeoff will occur no later than 3 hours and 45 minutes after the start of the tarmac delay (i.e., when aircraft doors were closed).

Airlines are also not required to provide passengers the opportunity to disembark if they are prevented by reasons beyond their control (e.g., safety, security, air traffic control, availability of a deplaning method (gates or stairs), availability of a safe area to deplane to, or for customs reasons).

Tarmac Delay Plan

Children under the age of 14

For the seating of children under age 14, we will attempt to assign a seat before check-in to the child that is close to their parent, guardian, or tutor. If no seats are available, we will assign seats at the time of check-in, or ask for volunteers to change seats at the time of boarding, or ask for volunteers to change seats prior to take-off, all at no additional charge.

For children four (4) and younger, we will attempt to assign a seat adjacent to their parent, guardian, or tutor. For children between 5 and 11, we will attempt to assign a seat in the same row as their parent, guardian, or tutor, with no more than one seat separation. For children aged 12 or 13, we will attempt to assign a seat in a row that is separated by no more than one row from their parent, guardian, or tutor. The Carrier will not force another passenger to change seats or leave the flight to seat a child and accompanying passenger together.

Diversions

Should a flight be diverted to an alternate airport, Flair will proceed to the original intended destination once the situation has been resolved and the flight has been authorized to proceed. Diversion airports are selected in order of safety & suitability, as well as trying to provide a minimum of disruption & inconvenience and the maximum support to passengers. In some cases, alternates outside of Canada are selected. In these instances, the laws of these countries may supersede those in Canada. Flair accepts no liability for passengers who may be detained with the exception of a refund of the unused portion of the ticket.

For more information, please read our Flair Tariff.